The application of any overtime exemption should be examined and determined on a case-by-case basis. Misclassification of jobs as exempt from overtime is a common violation of federal and Kentucky state law. That said, the court in Young v. Cooper Cameron Corporation ruled that

Is a job that does not require an advanced degree exempt from overtime under the "professional" exemption?

 

A: The application of any overtime exemption should be examined and determined on a case-by-case basis.  Misclassification of jobs as exempt from overtime is a common violation of federal and Kentucky state law.  That said, the court in Young v. Cooper Cameron Corporation ruled that "where most or all employees in a particular job lack advanced education and instruction, the exemption is inapplicable." 

The court added:  "If a job does not require knowledge customarily acquired by an advanced educational degree -- as for example when many employees in the position have no more than a high school diploma -- then, regardless of the duties performed, the employee is not an exempt professional under the FLSA." 

You can read the court's decision here. 


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